Shellfish Waters

The European Court of Justice (ECJ) gave judgement this week in the case of Commission v Ireland (Case C-148/05).

The case arose following an alleged breach of the Shellfish Directive (Directive 79/923/EC) by Ireland, as the Commission claimed that Ireland had failed in its obligations under the Directive in a number of respects.

The ECJ held that Ireland has breached Article 4 of the Directive, by failing to designate all shellfish waters requiring designation, Article 3 of the directive, by failing to set all the required values in respect of shellfish waters designated or requiring designation under Article 4, and Article 5 of the directive, by failing to take all necessary measures to establish pollution reduction programmes for waters requiring designation pursuant to Article 4.

The full judgement and reasoning of the Court can be found here

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